Hon Robin Chapple questions the consistent application of the severance policy regarding mining tenement applications and the lack of centralised records. The Minister acknowledges inconsistent application and explains precedent setting.

AnsweredQoN 531Legislative Council
Asked
26 March 2002
Portfolio
State Development

QuestionView source ↗

I refer to question on notice Nos. 238 and 239 of Wednesday, September 26 2001 and the answers provided -
(1) Has the long standing policy on severance in place since 1982 and still in existence today been rigidly applied throughout the period by the Department to all mining tenements including prospecting licences, special prospecting licences and mining lease applications?
(2) If no to (1), why has the Department have a long-standing policy that it does not rigidly apply to all mining tenement applications?
(3) If yes to (1), why does the Department not maintain records of all applications for mining tenements refused as a result of severance?
(4) Can the Minister explain how the refusal of applications in these circumstances establishes a precedent?
(5) If not, why not?

AnswerView source ↗

Answered
15 May 2002
Responded by
Parliamentary Secretary representing the Minister for State Development
Response time
50 days
(1 to 3) It is understood that the severance policy has been consistently applied since 1982 to all mining tenement applications, however there may have been exceptions. The Minister for State Development is unable to provide a more precise response because while the reason for the refusal of a mining tenement application is retained on the departmental file for that tenement, no central record is kept that categorises this type of information. (4) A decision to refuse a mining tenement in a given set of circumstances, such as severance, may serve as an example or justification for a later decision in similar circumstances. (5) Not applicable.
The Minister for State Development is unable to provide a more precise response because while the reason for the refusal of a mining tenement application is retained on the departmental file for that tenement, no central record is kept that categorises this type of information. (4) A decision to refuse a mining tenement in a given set of circumstances, such as severance, may serve as an example or justification for a later decision in similar circumstances. (5) Not applicable.
(4) A decision to refuse a mining tenement in a given set of circumstances, such as severance, may serve as an example or justification for a later decision in similar circumstances. (5) Not applicable.
(5) Not applicable.

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